Lobby condemns legal attacks on whistleblowers, urges swift passage of Protection Bill
The group warned that the failure to enact the Whistleblower Protection Bill 2024 leaves journalists and whistleblowers exposed to a hostile legal environment, undermining accountability, fostering corruption, and eroding public trust in government institutions.
The National Integrity Alliance (NIA) has condemned what it calls the growing weaponisation of the judicial system against whistleblowers and journalists, warning that lawsuits meant to punish those who expose wrongdoing are threatening press freedom and the fight against corruption.
In a statement issued on Wednesday, the lobby, comprising Transparency International Kenya (TI-Kenya) and Inuka Kenya Ni Sisi, the
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Kenya Human Rights Commission (KHRC) and The Institute of Social Accountability (TISA) called on Parliament to expedite the passage of the Whistleblower Protection Bill 2024, arguing that delays are leaving those who expose corruption and abuse of office vulnerable to harassment, litigation, and intimidation.
“We strongly condemn the growing trend of weaponising the judicial system against whistleblowers and journalists who expose wrongdoing, particularly in cases of corruption and abuse of public office. We are deeply concerned that individuals who speak out in the public interest continue to face an array of retaliatory actions in the form of defamation suits, regulatory complaints, employment disciplinary action at work and civil claims,"the statement read in part.
The Alliance cited ongoing legal proceedings against prominent whistleblowers, including former Royal Media Services journalists Aisha Mwilu and Waihiga Mwaura, who were central to the 2019 Citizen TV exposé The Mara Heist, implicating senior officials at Maasai Mara University. It argued that such lawsuits, often brought without merit, are intended to intimidate and silence critics while imposing heavy legal costs, discouraging public interest reporting.
“These lawsuits are not filed with the intention of winning on merit, but to intimidate, silence, and burden critics with costly legal defenses until they abandon their cause,” the statement said. “This is a hindrance, not only in the fight against other forms of government wrongdoings, but specifically the fight against corruption, which is deeply rooted in most public institutions.”
The group warned that the failure to enact the Whistleblower Protection Bill 2024 leaves journalists and whistleblowers exposed to a hostile legal environment, undermining accountability, fostering corruption, and eroding public trust in government institutions.
"Without a strong legal framework to protect whistleblowers and journalists, they are left to face harassment and costly litigation on their own, even when acting in the public interest. The delay in passing the Whistleblower Protection Bill 2024 is not merely a procedural issue—it is a failure to safeguard those who uphold the rule of law. These delays continue to expose potential whistleblowers to an unconducive environment, leading to silence, ongoing corruption, and mismanagement, while eroding public trust," stated NIA.
NIA warned that such legal actions set a dangerous precedent, potentially allowing corrupt individuals to circumvent press independence, intimidate journalists, and undermine democracy. It noted that media regulatory and professional bodies, such as the Media Council of Kenya, could be misused to harass reporters or force them to retract statements.
The Alliance also cautioned that whistleblowers could face unfair disciplinary actions, including dismissal or demotion, and that frivolous or malicious lawsuits could be used to shift focus and intimidate those exposing corruption.
In response, NIA urged Parliament to prioritise the bill and provide strong legal protections for whistleblowers and journalists, emphasising that safeguarding these individuals is crucial for transparency, accountability, and the health of Kenya’s democracy.
The Alliance also urges thorough investigations into corruption cases to ensure perpetrators are held accountable, the establishment of judicial mechanisms to dismiss frivolous or malicious lawsuits against whistleblowers, strong government condemnation of intimidation targeting whistleblowers, and clear guidance from the Public Service Commission to public entities on creating robust internal reporting frameworks to protect staff.
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